Provides that where the notice of lien is for retainage, the notice of lien may be filed within ninety days after the date the retainage was due to be released.

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S3179-2011 Actions

• Jun 13, 2011: SUBSTITUTED BY A5022
• May 2, 2011: ADVANCED TO THIRD READING
• Apr 13, 2011: 2ND REPORT CAL.
• Apr 12, 2011: 1ST REPORT CAL.356
• Feb 10, 2011: REFERRED TO JUDICIARY

S3179-2011 Meetings

Judiciary: Apr 12, 2011

S3179-2011 Calendars

Active List: Jun 13, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

S3179-2011 Votes

S3179-2011 Memo

BILL NUMBER:S3179

TITLE OF BILL:
An act
to amend the lien law, in relation to lien filings for retainage

PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the lien law to
provide a time period for filing a lien for retainage on private jobs.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 10 of the
lien law by adding the provision, "and provided further where the
notice of lien is for retainage, the notice of lien may be filed
within 90 days after the date the retainage was due to be released."

JUSTIFICATION:
Currently, subcontractors who wait for their retainage
to be released on private jobs will lose their lien rights as the
waiting time will exceed the 8 month statute of limitations for
filing a lien. This bill will cure this inequity by allowing the
subcontractor a reasonable time period to file a lien for retainage.

PRIOR LEGISLATIVE HISTORY:
2010: A.9850 died in Judiciary; S.6769 Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3179-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 3179                                                  A. 5022

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              February 10, 2011
                                 ___________

  IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
    printed, and when printed to be committed to the Committee on  Judici-
    ary

  IN  ASSEMBLY -- Introduced by M. of A. CUSICK, CASTRO -- Multi-Sponsored
    by -- M. of A. BOYLAND, GUNTHER, MAYERSOHN -- read once  and  referred
    to the Committee on Judiciary

  AN ACT to amend the lien law, in relation to lien filings for retainage

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 1 of section 10 of the lien law, as amended  by
  chapter 288 of the laws of 2000, is amended to read as follows:

    1.  Notice of lien may be filed at any time during the progress of the
  work and the furnishing of the materials, or, within eight months  after
  the completion of the contract, or the final performance of the work, or
  the final furnishing of the materials, dating from the last item of work
  performed  or  materials  furnished;  provided,  however, that where the
  improvement is related to real property improved or to be improved  with
  a  single  family  dwelling, the notice of lien may be filed at any time
  during the progress of the work and the furnishing of the materials, or,
  within four months after the completion of the contract,  or  the  final
  performance  of  the  work,  or  the  final furnishing of the materials,
  dating from the last item of work performed or materials furnished;  AND
  PROVIDED  FURTHER  WHERE THE NOTICE OF LIEN IS FOR RETAINAGE, THE NOTICE
  OF LIEN MAY BE FILED WITHIN NINETY DAYS AFTER THE DATE THE RETAINAGE WAS
  DUE TO BE RELEASED; except that in the case of a lien by a  real  estate
  broker,  the  notice  of lien may be filed only after the performance of
  the brokerage services and execution of lease by both lessor and  lessee
  and  only  if  a  copy of the alleged written agreement of employment or
  compensation is annexed to the notice of lien, provided that  where  the
  payment  pursuant to the written agreement of employment or compensation

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00564-01-1

 S. 3179                             2                            A. 5022

  is to be made in installments, then a notice of lien may be filed within
  eight months after the final payment is due, but in no event later  than
  a date five years after the first payment was made. For purposes of this
  section,  the term "single family dwelling" shall not include a dwelling
  unit which is a part of a subdivision that has been filed with a munici-
  pality in which the subdivision is located when at the time the lien  is
  filed,  such  property  in the subdivision is owned by the developer for
  purposes other  than  his  personal  residence.  For  purposes  of  this
  section,  "developer"  shall  mean  and  include any private individual,
  partnership, trust or corporation which improves two or more parcels  of
  real  property  with single family dwellings pursuant to a common scheme
  or plan. The notice of lien must be filed in the clerk's office  of  the
  county  where  the property is situated. If such property is situated in
  two or more counties, the notice of lien shall be filed in the office of
  the clerk of each of such counties. The  county  clerk  of  each  county
  shall  provide  and  keep  a  book to be called the "lien docket," which
  shall be suitably ruled in columns headed "owners," "lienors," "lienor's
  attorney," "property," "amount," "time of filing," "proceedings had," in
  each of which he shall enter the particulars  of  the  notice,  properly
  belonging  therein.  The  date,  hour  and  minute of the filing of each
  notice of lien shall be entered in the proper column.  Except where  the
  county  clerk  maintains a block index, the names of the owners shall be
  arranged in such book in alphabetical order. The validity  of  the  lien
  and  the  right  to  file  a notice thereof shall not be affected by the
  death of the owner before notice of the lien is filed.
    S 2. This act shall take effect immediately.